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A Union of Peoples
This book delves into the legal theory of the European Union, offering an internationalist theory of European Union law as part of the law of nations, where its central principles are not the principles of a single constitution, but the cosmopolitan principles of accountability, liberty, and fairness.
Indirect Discrimination
Updated habilitation thesis, submitted in 2003 to the Law Faculty of the University of Basel, analysing indirect discrimination in a broad and comparative context. Focuses on the development of the legal concept in EC law and its application in a great number of areas, including internal taxation of goods, freedom of establishment, sex equality, etc. Discusses demarcation issues between direct and indirect discrimination, and applying the concepts in concrete cases.
Remedies and Procedures Before the EU Courts
The ongoing reform in the organisation of the European Union courts makes an updated edition of this indispensable resource essential. Following the book established easy-to-use structure, the second edition offers a reliable, thorough guide to the renewed rules of procedure of the Court of Justice and the General Court as well as updated provisions and practice directions, including the relevant case law, together with a focus on the extensive treatment of remedies available in these courts and how to secure them. With the expert guidance of one of Europe foremost jurists, the book clearly explains which rules apply and how to proceed in the course of any kind of case and any situation like...
Philosophical Foundations of European Union Law
The supranational law of the European Union represents a uniquely powerful, far-reaching, and controversial instance of the growth of international legal governance, one that has forever altered the political and legal landscape of its Member States. The EU has attracted significant attention from political scientists, economists, and lawyers who have analysed its polity and constructed theoretical models of the integration process. Yet it has been almost entirely neglected by analytic philosophers, and the philosophical tools that have been developed to analyse and evaluate the Union are still in their infancy. This book brings together legal philosophers, political philosophers, and EU leg...
Directory of EU Case Law on the Preliminary Ruling Procedure
Article 234 EC ensures that a divergent application of the EC Treaty or of the statutes and acts of its institutions is not allowed in any Member State. Unsurprisingly, its pivotal importance has given rise to a huge number of ECJ judgments and orders - about 700 by the beginning of 2009. Very often, a practitioner needs to establish whether the preliminary ruling procedure called for by Article 234 EC is required in a particular case being pursued in a national court, and any relevant ECJ ruling or order must be located. Herein lies the great value of this book. Dr Barents' very useful volume sorts paragraphs of the 700 judgments and orders by subject, making it easy to establish the releva...
European Ambitions of the National Judiciary
II. The third pillar.
Sustainable Energy Policies for Europe
The discussion about energy perspectives beyond 2020, up to 2030 and eventually 2050 has started. There seems to be a verbal consensus on the necessity of ambitious climate change mitigation policies, without a convincing perspective of the necessary policy decisions to be reached in due time. Methods to achieve greenhouse gas reduction as well as
Competition Law
Although it is commonly assumed that consumers benefit from the application of competition law, this is not necessarily always the case. Economic efficiency is paramount; thus, competition law in Europe and antitrust law in the United States are designed primarily to protect business competitors (and in Europe to promote market integration), and it is only incidentally that such law may also serve to protect consumers. That is the essential starting point of this penetrating critique. The author explores the extent to which US antitrust law and EC competition law adequately safeguard consumer interests. Specifically, he shows how the two jurisdictions have gone about evaluating collusive pra...
Dealing with Dominance
A prohibition of the abuse of dominance is an essential provision in any country's competition law. The purpose of such a prohibition is to protect competition where it is potentially weakened by the presence of dominant market players. If applied immoderately, however, this prohibition is liable to seriously harm competition rather than protect it. In this useful compilation, local practitioners and academics in twelve countries provide a detailed summary and analysis of the application of their countries' law in this area, drawing on the experience of national competition authorities in dealing with market dominance as well as a wide range of legislation, administrative regulations, and ca...
